Acende, puxa, prende, passa: uma perspectiva no âmbito medicinal, recreativo e econômico sobre uma possível legalização da maconha no Brasil

Abstract

In the midst of so many advances coming from a modern world, running away from certain subjects simply because it does not agree with the theme, either for religious reasons or for the moral precepts that hover over them, is no longer acceptable when such factors break the limits of individual freedom. That said, discussing the legalization of Cannabis is about defining the extent to which the State can interfere in the individual's life, since repressive prohibition practices go in the opposite direction to what is established by the Democratic Rule of Law. With this in mind, during this thesis we will discuss the history of Cannabis in Brazil, highlighting the socio-racial factors that guided its integration into the country, as well as elucidating the brief aristocratic view that it had, due to European influences during the second half of the 19th century and the beginning of the 20th century. Furthermore, it is necessary to discuss the flaws of Law 11.343/06, along with the presentation of some methods that aim to solve the legislative flaws that imply the criminalization of marijuana, so that mechanisms can be applied that corroborate the need for the legalization of Cannabis in Brazil. Nevertheless, it is important to point out that repressive methods in the fight against drugs have always been used; therefore, it is relevant to look for other mechanisms that do not harm the individual's freedom of thought, leaving the individual, as long as he is absolutely capable, responsible for deciding which path his life will follow. In this context, by legalizing marijuana in Brazil, its use will be for recreational and medicinal purposes. Therefore, the parameters for such use must be elucidated, so that individual freedom and the right to life are respected. To which a methodology was applied, the research method was applied, where the possibilities arising from documentary resulted in which the research carried out was carried out. It is concluded, therefore, that exploring the idea of legalizing marijuana in Brazil, goes beyond the thought that the plant would no longer fall under Law 11.343/06, popularly called the Drug Law, but rather legalize its consumption, both recreational, as medicinal, thus regulating the practice of use and taxing taxes on the Union due to their commercialization.